Pittsburg and Road Company, Borrow money. Monongahela wharf declared a public landing. South Pittsburg borough, relative to paving of streets, &c. Further regula tions. SECTION 2. That in case of any agreement between the Pittsburg and Braddock's Field Plank Road Company and the corporate authorities of the city of Pittsburg for the planking at the expense of the said company of that portion of Second street extending from the present terminus of the said road at the city line to the paved court way already laid within the said city, it shall and may be lawful for the said company to levy and collect tolls thereon at the same rates as upon other portions of their road, until they are fully reimbursed out of the treasury of said city the expenditure incurred by them in planking the same as aforesaid. SECTION 3. That the term "fifty," in the third section of the act incorporating the Pittsburg and Braddock's Field Plank Road Company, inserted by mistake as descriptive of the width of the State road referred to therein, be, and the same is hereby altered and enlarged to "sixty," so as to correspond with the actual width of the said State road as ascertained and defined by the act authorizing the laying out of the same, approved the twenty-first day of September, A. D., one thousand seven hundred and eighty-five. SECTION 4. That it shall be lawful for the said company to borrow any amount of money not exceeding the sum of fifteen thousand dollars, which may be required for the completion of its road, and to issue bonds therefor. SECTION 5. That that portion of Water street within the city of Pittsburg, extending from the eastern line of Grant street to the confluence of the Monongahela and Allegheny rivers, known as the Monongahela wharf, is hereby declared to be a public landing; and the councils of said city shall have full power and authority to make, alter, and amend all such rules, regulations, and ordinances regulating the use of the same as they shall and may think proper, and shall not be inconsistent with the existing laws of this Commonwealth; to direct and enforce the collection of such fees, tolls, and duties in the nature of wharfage as they may deem just and expedient; and that the existing ordinances of said city for the regulating of said wharf and the collecting of wharfage thereon which are not inconsistent with the laws of this Commonwealth, are hereby declared legal and valid, and the same be and remain in force until altered, amended, or repealed by the couneils of said eity, as though they had been ordained and enacted after the passage of this act. SECTION 6. That whenever the town council of the borough of South Pittsburg, in the county of Allegheny, shall consider the paving of any street, lane, or alley in said borough necessary to the convenience of the citizens thereof, it shall and may be lawful for said council to ordain, enact, repeal, and amend all such by-law, ordinance, rules, and regulations as shall be deemed expedient for paving of such street, lane, or alley, subject to the following provisions: SECTION 7. That whenever any pavement or pavements shall be completely finished by the said borough, the cost of the materials and paving furnished and done on one-half of such street, lane, or alley in front of or adjoining any lot or lots, shall be ascertained by the burgess or street commissioner of said borough, and charged to the owner or owners of said lot or lots by said borough; and the burgess of said borough shall give to such owner or his agent of any lot or lots before which any paving is done as aforesaid, a certificate in writing of the amount of money so ascertained to have been expended by the said borough in paving in front of his, her, or their lot or lots, and unless the owner or owners of such lot or lots within ten days after said notice is given him, her, or them, or either of them, shall pay to the treasurer of said borough the amount specified in such certificate, then it may and shall be lawful for the council of said borough to collect the amount claimed of the owner or owners of any lot or lots by an action of debt in the corporate name of said borough as debts of like amount are by law collected; but if the owners of any such lot or lots does not reside in the said borough, then and in that case a certificate put up on such lot or lots shall be deemed notice to the owner thereof; and after default for the space of ten days it shall and may be lawful for the said council to file a certificate for the amount of the costs of such paving, signed by the burgess and attested by the clerk of the council, in the office of the prothonotary of the Court of Common Pleas of the county of Allegheny, setting forth the amount due by the said owner or owners; and it shall be the duty of the prothonotary to enter the same in his docket, which certificate from such entry shall have the same operation and effect as a judgment of said court, and execution may be issued thereon in like manner as on judgments for the amount remaining unpaid at any time after the entry aforesaid: Provided, That if any owner or owners of any lot or lots against whom any certificate shall be filed as aforesaid, shall make an affidavit before the prothonotary of said court or any magistrate that he or they have a just defence to the whole or a part of said amount claimed in such certificate, and file the same in the office of said prothonotary within thirty days of the filing of said certificate, and not after, then the prothonotary of said court shall put the cause on the trial list of the next regular term of said court, to be there tried and determined by the court and jury as cases of appeal to said court. SECTION 8. That upon the payment by the owners of any lot of the amount of paving done as aforesaid, the said council shall give such owner a bond or bonds for the re-payment to such owner within five years with interest of the amount paid by him for paving as aforesaid, and any subsequent year the said owner or owners of any lot as aforesaid may set off as payment of his, her, or their borough tax, an amount of said bonus equal to one-half of said borough tax in one year assessed to him, and no more, until the said owner of such lot is paid the amount of such bond or bonds and interest thereon. SECTION 9. That the owners of all corner lots shall be charged with the paving done to the point where the centres of the cross streets, lanes, or alleys shall intersect, the costs of which shall be refunded as aforesaid; and whenever a majority of the legal voters residing on any street, lane, or alley in said borough shall petition the council of said borough for the grading and paving of any such street, lane, or alley, it shall be the duty of said council to grade and pave the same agreeably to the provisions of this act: Provided, There are sufficient unappropriated funds in the treasury of said borough to defray the expenses of the same; but this act shall not be so construed as to compel the owner of any lot to grade any street or alley in front of the same, but said grading shall be done at the proper cost of said borough; and the wharf or water street in said borough shall be excluded from provisions of this act. SECTION 10. That the town council of said borough may at their sessions enact, ordain, revive, repeal, and amend all such by-laws, ordinances, rules, and regulations as shall be deemed expedient, to compel the owner and owners of any lots of ground in said borough to pave, in such manner as the said town council by their ordinance may direct, the foot-ways or side-walks of said borough, and renew all pavements already made which shall have decayed or worn out. And in case the said owner or owners shall refuse or neglect after having received one month's notice from the said council by the hands of any borough Bonds. Corner lots. By-laws. tive to. officer, or if the said owner or owners do not reside within the said borough, then after a notice shall have been put up upon their lots for one month to pave in accordance with the ordinances aforesaid and to renew the pavements as aforesaid, the town council aforesaid shall cause the said pavement to be made or renewed at the expense of the said owner or owners. And in all cases where the town council aforesaid shall pave in default of any owner of any lot the footways as aforesaid, the council may charge the owner of said lot the additional sum of ten per cent. on all bills of materials furnished and labor expended in paving in front of said lot or lots to defray the expense of superintending the same; and after the said pavement or pavements are completed, it shall be lawful for the said council to file a certificate for the amount of the costs thereof, signed by the burgess and attested by the clerk of the council, in the office of the prothonotary of the Court of Common Pleas of the county of Allegheny, setting forth the amount due by the said owner or owners; and it shall be the duty of the prothonotary to enter the same in his docket, which certificate shall from such entry have the same operation and effects as a judgment of said court, and execution may be issued thereon in like manner as on judgments for the amount remaining unpaid at any time after the entry aforesaid: Provided nevertheless, That no owner of any lot shall be compelled to pave in front thereof until the town council as aforesaid shall first have graded the street to the established grade of said street. Pittsburg and SECTION 11. That it shall be lawful for the president and managers Birmingham of the Pittsburg and Birmingham Turnpike Road Company to grant to Turnpike Road the corporations of Birmingham and South Pittsburg, or either of them, Company, relaso much of said road as lies within said boroughs respectively, and that the same be hereafter named or known as Carson street. Pittsburg and SECTION 12. That it shall be lawful for the president and managers Coal Hill, and of the Pittsburg and Coal Hill Turnpike Road Company, and the presiWashington and dent and managers of the Washington and Pittsburg Turnpike Road pike Road Com- Company, to grant to the corporation of South Pittsburg so much of pany, relative the said roads respectively as lies within the borough of South Pitts Pittsburg Turn to. Streets, roads, culverts, in said borough. Citizens Insu rance Company of Pittsburg, relative to. burg or any part of the said roads lying within the said borough; and the portions of said roads running parallel with the Monongahela river shall be hereafter named or known as Carson street. SECTION 13. That from and after the passage of this act, it shall be lawful for the said borough of South Pittsburg, by and with the consent of the said turnpike road companies respectively, to take under their control and management so much of said roads as above described, with full powers to alter the regulation of the same and the streets connected therewith, and the placing culverts under or drains across said roads for carrying away the surplus water; and it shall be lawful for said turnpike road companies respectively, upon the stipulation of said borough, to regulate and repair so much of said road as is above described, to give up the toll on so much of the said roads respectively, and no toll shall be exacted thereafter from any person or persons whatever. SECTION 14. That so much of the fourth section of an act passed the seventh day of March, Anno Domini, one thousand eight hundred and forty-nine, entitled "An Act incorporating the Citizens Insurance Company of the city of Pittsburg, et cetera," as limits the number of directors to nine, be, and the same is hereby repealed; and the said company shall be authorizod to elect annually fifteen directors at the time and in the manner and form prescribed by said section: Provided however, That until the next annual election the additional number herein provided for shall be elected by the present board of directors. SECTION 15. That so much of the twelfth section of said act as Repeal. limits the exercise of the corporate powers, privileges, and franchises of said company to twenty years, be, and the same is hereby repealed. SECTION 16. That so much of the thirteenth section of said act as limits the amount of insurance to be effected by said company upon the life of any one person to three thousand dollars, be, and the same is hereby repealed. JOHN CESSNA, Speaker of the House of Representatives. BENJAMIN MATTHIAS, Speaker of the Senate. APPROVED-The fifteenth day of April, A. D., one thousand eight hundred and fifty-one. WM. F. JOHNSTON. No. 373. AN ACT Providing for the survey of certain parts of the borough of Easton and recording the same. Survey author SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the town council of the borough of Easton shall cause a survey to be made of all that portion of the said borough not embraced in the origi- ized. nal town plot, and cause to be marked thereon the necessary streets and alleys according to which the same shall be built upon, and to ascertain and determine the proper elevations and depressions in such streets and alleys, in order that when such portions of the borough shall be improved, or prepared for being improved, the water can be properly led and drained therefrom. And when such survey shall be made, one copy thereof shall be deposited with the town clerk for the inspection of all concerned, and due notice shall be given thereof the three insertions in at least three newspapers printed and published in the said borough; and that on a day to be named, the town council will hear any objections thereto made by any tax payer of said borough, at which time the council shall hear and determine whether any and if any what alterations and modifications shall be made therein; and thereupon the said draft, with or without such alterations and modifications as the case may be, shall be recorded in the office for recording of deeds in and for the said county, and be and remain a record thereof, and shall not be altered or changed unless authorized by act of Assembly. SECTION 2. That when the said draft shall be so recorded, the town Draft. council of the said borough shall cause permanent marks to be made on the ground to designate the crossings or corners of streets and alleys, so that they can thenceforth be ascertained without difficulty: Provided, Damages. That no street shall be of less width than sixty feet, and no publie alley of less width than twenty feet. SECTION 3. That on petition presented to the town council of said borough, it shall be lawful for said council to direct the opening of any of the streets or alleys so surveyed and laid out, or any parts or portions thereof that shall be deemed necessary; and the owners of the said lands shall have a right to have the damages they may sustain by the opening of such streets and alleys assessed and paid as other road damages are assessed and paid in the several counties of this Commonwealth: Provided, That in all cases the jury shall take into consideration the advantages of opening such streets or alleys to the owners thereof; and if the value of their property is increased thereby to take the same also into consideration. JOHN CESSNA, Speaker of the House of Representatives. BENJAMIN MATTHIAS, Speaker of the Senate. APPROVED-The fifteenth day of April, A. D., one thousand eight hundred and fifty-one. WM. F. JOHNSTON. No. 374. A SUPPLEMENT To an act entitled "An Act more effectually to preserve the public grounds and public buildings of the Commonwealth," passed April tenth, A. D., one thousand eight hundred and forty-nine. SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the provisions of the act to which this is a supplement shall hereafter be construed to extend to all cases of injury done to the lamps, pipes, and other gas fixtures upon the public grounds or buildings, and to any waste or escape of gas caused by malicious or improper interference by any person whatever. JOHN CESSNA, - BENJAMIN MATTHIAS, Speaker of the Senate APPROVED-The fifteenth day of April, A. D., one thousand eight hundred and fifty-one. WM. F. JOHNSTON. |